Legal Question in Legal Ethics in Virginia

vacation pay upon termination

Company handbook states an employee must work out his notice before of pay for accrued vacation days. With carryover days from the previous year plus the 15 I am entitled to in 2008, I have over 25 days built up. He fired my on April 28 stating I had a tax business on the side, which I do not. I was given no time to work out a notice. I was ordered off his property then. He now refuses to pay my vacation time because I did not work out my notice time. Is this legal in the State of Virginia? Thank you for your time.


Asked on 5/06/08, 12:33 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: vacation pay upon termination

Unless you were working under a contract which would prohibit this practice i.e., discharge of employee without compensation for vacation pay, the answer must be, yes, quite legal as a cost cutting exercise for the SOB employer in the Commonwealth who wants to rid himself of a particular employee who then is without recourse with respect to the uncompensated accrued vacation

time.

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Answered on 5/06/08, 4:55 pm


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